Just under half of lockdown fines unpaid in the Thames Valley

Those who broke restrictions failed to pay within 28 days.

Author: Dan Gooding & Flora Thompson, PA Home Affairs CorrespondentPublished 18th Nov 2020

Nearly 44 per-cent of covid fines handed out in the Thames Valley have gone unpaid within 28 days.

756 were handed out between March and September, but 332 weren't paid on time.

Lockdown rules have been branded a 'mess' by campaigners as a result.

Thousands of fixed penalty notices (FPNs) have been rescinded by police forces after being issued, according to a Freedom of Information Request by the Press Association.

Lawyers and campaigners said the figures illustrated how chaotic the laws governing Covid-19 restrictions had become, calling for a review of the process to make sure powers were being used fairly.

Lawyer Raj Chada, head of the criminal defence department at Hodge Jones & Allen, told PA:

“The mess of Covid regulations know no bounds.

“Criminal law should be clear, certain and widely adhered to – otherwise it becomes arbitrary and unfair.

“These figures show that and worse – the situation is a farce.”

While Kirsty Brimelow QC, a human rights barrister at Doughty Street Chambers, said it was “predictable” people would stop paying the fines under the circumstances.

She said:

“There is no means testing or appeal other than going to the magistrates’ court.

“It was predictable that people would stop paying fines. Some cannot afford them. Others may not have broken the laws and others may just be resentful that those in power acted as if the laws did not apply to them.

“I and many others have called for panels to be set up to review the fines.

“This will help reintroduce fairness.

“Currently, it is a lottery whether you are fined and whether it will be rescinded if you write to the relevant police force.

“And it is questionable as to how effective issuing fines is to preventing the spread of the virus. Rather they are adding stress and hardship to people who already are suffering.”

She said the courts are already struggling to process serious criminal cases, and asked:

“Why keep laws that will add to the case backlog in court? There needs to be a standard review system that people can access – away from the courts.”

Madeleine Stone, legal and policy officer at campaign group Big Brother Watch, said the figures make it “plain that there are serious failings in the way police have issued fines during the pandemic.”

She added:

“The laws governing lockdowns are constantly changing, complex and poorly drafted.

“It is a serious injustice that people face vast fines and prosecutions when even police forces have struggled to understand what rules the legislation contains.

“Unpaid lockdown fines are a prosecution crisis waiting to happen and demonstrate the consequence of approaching a public health crisis with criminal sanctions.”

Rosalind Comyn, policy and campaigns manager at human rights group Liberty, also called for fines to be properly reviewed.

She said:

“Inconsistent enforcement was an inevitable outcome of the Government’s introduction of sweeping new police powers to enforce rules communicated in chaos.”

Because of the lack of formal appeal process there is still no way of knowing “how many more people should have had their fines withdrawn, while many others may be facing criminal penalties for refusing to pay fines that were issued unlawfully”, she added.

A Home Office spokesman said:

“The rules are being enforced correctly in the vast majority of cases and those who refuse to pay FPNs may face court action and a possible criminal record.

“Throughout the pandemic, officers have policed by consent – engaging with the public and encouraging compliance, but taking action where necessary.

“We are determined to rigorously enforce the law and are strengthening enforcement by the police and local authorities, with £60million of extra funding made available for this.”